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Shuler v. Quinn

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


November 8, 2007

JAMEL SHULER, PLAINTIFF,
v.
QUINN, SGT., UPSTATE CORRECTIONAL FACILITY; CAPTAIN BEZIO, UPSTATE CORRECTIONAL FACILITY; SUPT. WOODS, UPSTATE CORRECTIONAL FACILITY; J. ARMSTRONG, CORRECTIONAL OFFICER, UPSTATE CORRECTIONAL FACILITY; GRIFFEN, CORRECTIONAL OFFICER, UPSTATE CORRECTIONAL FACILITY; AND JOHN DOE, CORRECTIONAL OFFICER, UPSTATE CORRECTIONAL FACILITY, DEFENDANTS.

The opinion of the court was delivered by: Frederick J. Scullin, Jr., S.J.

DECISION AND ORDER

The above-captioned matter having been presented to me by the Report-Recommendation of Magistrate Judge David R. Homer filed October 17, and the Court having reviewed the Report- Recommendation and the entire file in this matter, including plaintiff's written request to withdraw and discontinue this action sworn to before a Notary Public on October 9, 2007 and filed October 12, 2007,(see Dkt. No. 30), and defendants' agreement to that request, accordingly, the Court hereby ORDERS, that the Report-Recommendation of Magistrate Judge David R. Homer filed October 17, 2007 is ACCEPTED in its entirety, for the reasons stated therein; and the Court further ORDERS, that pursuant to Fed. R. Civ. P.41(a)(1)(ii), this case is DISMISSED in its entirety in accordance with the stipulation of the parties.

IT IS SO ORDERED.

20071108

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